Scott v. State
Mississippi Supreme Court
From tbe circuit court of Kemper county. Hon. Guión Q. Hall, Judge. Scott, tbe appellant, was indicted, tried, and convicted of murder, and sentenced to tbe penitentiary for life; tbe-charge being tbat be bad billed and murdered an Indian, commonly called “Bill Jones.” From tbis conviction and sentence be appealed to tbe supreme court. Tbe facts are sufficiently'inferable from tbe opinion of tbe court.
Read the full summary
From tbe circuit court of Kemper county. Hon. Guión Q. Hall, Judge. Scott, tbe appellant, was indicted, tried, and convicted of murder, and sentenced to tbe penitentiary for life; tbe-charge being tbat be bad billed and murdered an Indian, commonly called “Bill Jones.” From tbis conviction and sentence be appealed to tbe supreme court. Tbe facts are sufficiently'inferable from tbe opinion of tbe court. Tbe court below erréd in overruling'tbe application of tbe appellant for a continuance because of tbe absence of bis wife, who was a material witness in his behalf. It must be noted that the…
1Opinion of the CourtCalhoon, J.
A continuance should have been granted because of the absence of the witness, Nelia Scott, the wife of the defendant, *200who had been duly subpoenaed, and lived only two miles from the courthouse, and was too sick to attend the trial. Whatever may have been tbe weight of her testimony with the jury, whether much or little, it was certainly material, and the accused was entitled to it.
The refusal of the continuance was not neutralized by the court’s allowing defendant’s counsel, over the objection of the state, to read to the jury the affidavit of defendant as to what the wife would testify if…
2Cited by9 opinions
- Smith v. StateMississippi Supreme Court · 1907
- Walton v. StateMississippi Supreme Court · 1905
- Smith v. StateMississippi Supreme Court · 1916
- Watson v. StateMississippi Supreme Court · 1902
- Ivy v. StateMississippi Supreme Court · 1956
4 more not listed; retrieve them via the Exa API.